Privacy Policy

About us

This Privacy Policy explains what information 121cast Pty Ltd, 121cast, Inc and its related entities (together referred to as Omny) collect about you and why, what we do with that information, how we share it, and how we handle the content you place in our products and services. It applies to all products, services and applications provided by Omny (Omny Services), including but not limited to those available on the websites specified below:

  • omny.fm
  • omnystudio.com

We are a third-party service provider and our customers are businesses that use the Omny Services to deliver audio content and advertising content on websites and apps.

Commitment to protecting privacy

Privacy concerns are important to us. It is Omny's policy to comply with the Australian Privacy Principles (Principles), as set out in the Privacy Act 1988 (Cth) (Privacy Act) and all applicable data protection and privacy laws and we take our data protection and privacy responsibilities seriously.

This privacy policy does not describe the privacy policy of our customers that use the Omny Service on their websites. Please refer to the privacy policy of the website or app where the audio content is accessed to learn about their privacy practices. Further, where our services contain links to third-party websites, these sites are governed by their own privacy statements. Omny is not responsible for their operation, including but not limited to their information privacy practices.

Types of information collected

When you use our services, we collect information about you, including personal information. Personal information is information that may be used to readily identify or contact you as an individual person, such as: your name, date of birth, gender, current and previous addresses, telephone or mobile numbers, email addresses, user names, and geographic information.

We only collect personal information that is necessary for the function and activities of our business. For example, to access our paid or subscription services, we may require you to provide credit card or other payment information. We may also ask you to provide your username and password for third party websites or services in order to provide access to articles and information published on such sites.

Passive collection

When you visit our website, our server attaches a small data file called a "cookie" to your computer’s memory.

Cookies are pieces of information that may be transferred to your computer’s memory when you visit a website for record keeping purposes. Most web browsers are set to accept cookies. However, if you do not wish to receive any cookies you may set your web browser to refuse cookies. We use cookies to provide us with anonymous information on the use of our website and to know what you find interesting on our website. We do not link this information back to your identity or other information that you have provided to us. We do not store any information that identifies you inside cookies.

In addition to the information that you provide to us when you use our services, we collect information about the URLs, titles and content of the web pages and other information you access through the Omny Services. The types of passive information we collect include your Internet Service Provider, IP address, browser type, device type, settings, time zone, language, and other information related to the manner in which you access the Omny Services.

We also collect information about your use of the Omny Services, such as what you have read or viewed, which device you used to have access content, and what you choose to share with others.

If you are an individual located in the European Union (including in the UK), we may collect information about you through the monitoring of your behaviour online by the use of cookies (or similar technologies) and other commonly used information gathering tools. We may collect such information for the purposes set out under 'Legitimate Basis for Collection' below.

Purpose of collection

For information collected by our audio management platform located at omnystudio.com, some of the specific purposes for which we use the information we collect about you (including personal information to the extent applicable) include to:

  • Provide, operate, maintain, improve, and promote Omny Services;
  • Enable you to access and use Omny Services, including uploading, downloading, collaborating on and sharing content;
  • Process and complete transactions, and send you related information, including purchase confirmations and invoices;
  • Communicate with you, including responding to your comments, questions, and requests; providing customer service and support;
  • Providing you with information about services, features, surveys, newsletters, offers, promotions, contests and events; providing other news or information about us and our select partners; and sending you technical notices, updates, security alerts, and support and administrative messages;
  • Monitor and analyse trends, usage, and activities in connection with Omny Services and for marketing or advertising purpose;
  • Investigate and prevent fraudulent transactions, unauthorised access to Omny Services, and other illegal activities;
  • Personalise Omny Services, including by providing content, features, or advertisements that match your interests and preferences;
  • Enable you to communicate, collaborate, and share content with users you designate; and
  • For other purposes about which we notify you.

For information collected by our audio content servers, players and apps powered by Omny Services located at omny.fm, some of the specific purposes for which we use the information we collect about you (including personal information to the extent applicable) include to:

  • Enable you to access and use the Omny Service to view, stream, download and share content;
  • Provide, operate, maintain, improve, and promote Omny Services;
  • Deliver and measure advertising on behalf of our customers and advertisers;
  • Monitor and analyse trends, usage, and activities in connections with accessing audio content for reporting and analytics purposes for our customers;
  • Investigate and prevent fraudulent transactions, unauthorised access to Omny Services, and other illegal activities;
  • Personalise Omny Services, including by providing content, or advertisements that match your interests

Legitimate basis for collection

We will only collect, use and share your personal information where we are satisfied that we have an appropriate legal basis to do this. This may be because:

  • we need to use your personal information for our legitimate interest as a commercial organisation in order to provide you with the Omny Services in a manner tailored to your use of the Omny Services. For example, to maintain account details or provide you with technical support. In all such cases, we will look after your information at all times in a way that is proportionate and respects your privacy rights and you have a right to object to processing as explained below in the Access to Information section below; or
  • we need to use your personal information to comply with a relevant legal or regulatory obligation that we have.

If you would like to find out more about the legal basis for which we process personal information please contact us.

Consequences of not providing information

If you choose not to supply certain personal information, we may not be able to provide you with the level of service or the services you require.

Use of aggregated data

We also may use the information we collect about you in an aggregate form. Aggregate data is information (originally personally identifiable or non-personally identifiable) that subsequently is used in aggregate form.

Although aggregate data may be based in part on personally identifiable information about you, it does not identify you personally. We may use aggregate data we collect in order to conduct analysis or research, such as research about customer demographics, internet use, and interests and behaviour. We may share this type of aggregate data with a variety of third parties, including our affiliates, advertisers and other current and prospective business partners. As this form of data does not identify particular users, these third parties will not be able to contact you based solely on this data.

Aggregate data may also be used for website administration, advertising, and promotional purposes, and we may share this information with various affiliated and unaffiliated entities. We may also enter into agreements with outside companies that possess the technology that allows us to customise the advertising and marketing messages you receive while using the Omny services. Your non-personally identifiable information and clickstream data about your activities may be shared with these companies so this customisation can be accomplished. Our agreement with these companies restricts them from sharing your information with third parties or using it for any other purpose. Clickstream and demographic information may also be shared with our advertisers and business partners.

Omny may provide targeted advertisements based on information about you, such as your interests. Omny does not provide any personally identifiable information to the advertiser when you interact with or view a targeted ad, although advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria.

Disclosure/sharing of information

We may disclose/share your information to third parties who provide services to us, including organisations and contractors that assist us with the purposes for which we use your information. These services include:

  • customer enquiries;
  • installation, maintenance and repair services;
  • operations, billing and debt-recovery functions;
  • information technology and network services;
  • market research and marketing services.

We may also disclose/share your information:

  • to your authorised representatives or advisors, or when you ask us to do so;
  • to credit-reporting bodies and fraud-checking agencies, and to credit providers for credit related purposes such as credit-worthiness, credit rating, credit provision and financing;
  • our related entities or our business partners;
  • to organisations as required or authorised by law;
  • to law enforcement and national security agencies, and other government and regulatory authorities as required or authorised by law;
  • to third parties who assist us to manage or develop our business and corporate strategies and functions;
  • for the purposes of facilitating or implementing a transfer/sale of all or part of our assets or business;
  • to our contractors, consultants and service providers.

Protection and transmission of data

Omny hosts data with hosting service providers in numerous locations including the United States, Europe and Australia. We may disclose your information to our hosting service providers or any other service providers in those countries or any other country in which we may conduct our business from time to time. If you're located in the European Union (including the UK), your personal information may be transferred and stored in countries outside the European Union, including to the United States and Australia, that are subject to different standards of data protection.

We will take reasonable steps to ensure that transfers of personal information are in accordance with applicable law and where we receive requests for information from law enforcement or regulators.

We will ensure that all reasonable steps are taken to protect all personal information from misuse, interference, loss and unauthorised access, modification and disclosure, including through ensuring that third parties have agreed to confidentiality restrictions and use any personal information that we share them or which they collect on our behalf solely for the purpose of providing the contracted service to us. Although we seek to engage external service providers who also comply with these requirements, no security system is impenetrable and we cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others. Accordingly, and to the extent permitted by law, we do not accept responsibility for the misuse of personal information while stored on our systems or otherwise in our care or in the care of our external service providers.

We have implemented and maintain appropriate technical and organisational security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorised disclosure or access to such information appropriate to the nature of the information concerned. Measures we take include:

  • placing confidentiality requirements on our staff members and service providers;
  • destroying or permanently anonymising personal information if it is no longer needed for the purposes for which it was collected; and
  • following strict security procedures in the storage and disclosure of your personal information to prevent unauthorised access to it; and
  • using secure communication transmission software (known as "secure sockets layer" or "SSL") that encrypts all information you input on our website before it is sent to us. SSL is an industry standard encryption protocol and this ensure that the information is reasonably protected against unauthorized interception.

As the security of information depends in part on the security of the computer you use to communicate with us and the security you use to protect User IDs and passwords, please take appropriate measures to protect this information.

Retention period

We will store your personal information for as long as is reasonably necessary for the purposes for which it was collected, as explained in this Privacy Policy. Where your information is no longer needed, we will ensure that it is disposed of in a secure manner. In some circumstances we may store your personal information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, accounting requirements.

In specific circumstances we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings. We do not process, store or host any personal information on an indefinite basis.

Direct Marketing

We may use personal information to let you know about our products and services that we believe will be of interest to you. We may contact you by email, post, or telephone or through other communication channels that we think you may find helpful. In all cases, we will respect your preferences for how you would like us to manage marketing activity with you.

To protect your privacy rights and to ensure you have control over how we manage marketing with you:

  • we will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications which we believe may be of interest or relevance to you;
  • you can change the way your browser manages cookies, which may be used to deliver online advertising, by following the settings on your browser; and
  • if your business has an online account with us, the easiest way to make updates to your marketing preferences and/or change your personal details is to log onto your account. You can also click the "unsubscribe" link that you find on any online newsletters you receive or contact us.

We recommend you routinely review the privacy notices and preference settings that are available to you on any social media platforms as well as your preferences within your account with us.

If you are located in the European Union (including the UK), we can confirm that we do not carry out any profiling or other automated decision making on your use of the Omny Services. 'Profiling' means the use of automated processes without human intervention (such as computer programmes) to analyse personal information in order to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Third party analytics

We also use Google Analytics, a web analysis service of Google Inc. ('Google'). Google Analytics uses cookies to monitor traffic to, and use of this website. Information about the use of this website generated by these cookies is generally transferred to a Google server in the USA and stored there. Google uses this information on our behalf to evaluate your usage of this website, to compile reports on this websites activities, and to provide additional services connected with this website. We will not identify you to Google, and will not merge personal and non-personal information collected through the Omny Services. You can prevent the use of Google Analytics Cookies by adjusting the settings on your browser software, however, you may not be able to fully use all of the functions of this website if you do so. For more information about and to prevent Google’s collection of data generated by your use of this website (including your IP address) by downloading and installing a Browser Plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.

Access to information

You can access and amend some of the information we keep about you through your account settings.

You also have a right to access your personal information otherwise held by us. We will take reasonable steps to correct any information you establish is not accurate, complete and up-to-date. To request access to any personal information we hold about you, contact us in writing via our contact details at the end of this Privacy Policy. All requests will be responded to within a reasonable period. To access any information we hold we will require you to verify your identity, and specify what information you require access to.

We reserve the right to refuse access to your personal information if providing access would be unlawful or would have an unreasonable impact upon the privacy of other individuals. We also reserve the right to charge you any reasonable costs associated with accessing your personal information such as photocopying or postage costs.

If you have subscribed to any of our newsletters or subscriptions, or are receiving promotional communications, and no longer wish to receive such communications, you may opt out of receiving them at any time by clicking the “unsubscribe” button on any email communications that we send you or by contacting us at the details set out below.

If you are located in the European Union (including the UK), then subject to certain exemptions and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your personal information.

If you wish to access any of the below mentioned rights, we may ask you for additional information to confirm your identity and for security purposes, in particular before disclosing personal information to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

You can exercise your rights by contacting us. Subject to legal and other permissible considerations, we will make every reasonable effort to honour your request promptly or inform you if we require further information in order to fulfil your request.

We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

Right to access personal information

You have a right to request that we provide you with a copy of your personal information that we hold and you have the right to be informed of; (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred.

Right to rectify or erase personal information

You have a right to request that we rectify inaccurate personal information. We may seek to verify the accuracy of the personal information before rectifying it.

You can also request that we erase your personal information in limited circumstances where:

  • it is no longer needed for the purposes for which it was collected; or
  • you have withdrawn your consent (where the data processing was based on consent); or
  • following a successful right to object (see right to object); or
  • it has been processed unlawfully; or
  • to comply with a legal obligation to which Omny is subject.

We are not required to comply with your request to erase personal information if the processing of your personal information is necessary:

  • for compliance with a legal obligation; or
  • for the establishment, exercise or defence of legal claims;

Right to restrict the processing of your personal information

You can ask us to restrict (i.e. keep but not use) your personal information, but only where:

  • its accuracy is contested, to allow us to verify its accuracy; or
  • the processing is unlawful, but you do not want it erased; or
  • it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
  • you have exercised the right to object, and verification of overriding grounds is pending.

We can continue to use your personal information following a request for restriction, where:

  • we have your consent; or
  • to establish, exercise or defend legal claims; or
  • to protect the rights of another natural or legal person.

Right to transfer your personal information

You can ask us to provide your personal information to you in a structured, commonly used, machine readable format, or you can ask to have it transferred directly to another data controller, but in each case only where:

  • the processing is based on your consent or on the performance of a contract with you; and
  • the processing is carried out by automated means.

Right to object to the processing of your personal information

You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests.

If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

Right to object to how we use your personal information for direct marketing purposes

You can request that we change the manner in which we contact you for marketing purposes. You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes.

Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction

You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the European Union. We may redact data transfer agreements to protect commercial terms.

Right to lodge a complaint with your local supervisory authority

You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information. In the UK, the supervisory authority for data protection is the ICO.

We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

Disposal of information

We will take reasonable steps to destroy or de-identify personal information if it is no longer needed for any purpose for which it may be used or disclosed or if we are no longer required to retain the information at law.

Changes to our Privacy Policy

We may change this Privacy Policy from time to time. If we make any changes, we will notify you by revising the ‘Last Updated’ date at the top of this Privacy Policy and, in some cases, where appropriate we may provide you with additional notice (such as adding a statement to the login screen or sending you an email notification). We encourage you to review our Privacy Policy whenever you use Omny Services to stay informed about our information practices and the ways you can help protect your privacy.

If you disagree with any changes to this Privacy Policy, you must stop using Omny Services and deactivate your account(s).

Complaints about an interference with privacy

If you consider that any action we take breaches this Privacy Policy, the Principles or any applicable data protection laws, you can make a complaint by contacting us at the address set out below. We will endeavour to act promptly in response to a complaint.

Contact

For further information, or if you have any questions, comments, or concerns about any of the provisions of this Privacy Policy, please contact us:

Attn: Compliance Officer
Omny Studio
Level 24, 570 Bourke Street
Melbourne, Victoria 3000
AUSTRALIA

Email: info@121cast.com

If you still remain unsatisfied with the way a privacy issue has been handled, you can lodge a complaint or contact the below offices for guidance on alternative courses action which may be available.

If you are located in:

ANNEX - Legal Basis for use of personal information

Activity Type of information collected The basis on which we use the information Who we may disclose the information to Location of recipients
Accessing the Omny Services for audio management
  • Contact details including name and email address
  • IP address
  • Legitimate interests
  • Service Providers
  • Affiliates
  • Global
Accessing audio content using players or apps
  • IP address
  • Legitimate interests
  • Service Providers
  • Affiliates
  • Advertising providers
  • Global
Receive payments
  • Corporate customer contact details, including name, address, email address
  • IP address
  • Credit card or bank details
  • Legitimate interests
  • Service Providers
  • Affiliates
  • Australia
  • USA
Administer user accounts and manage relationships
  • Contact details of corporate staff members including name and email address
  • Legitimate interests
  • Service Providers
  • Affiliates
  • Australia
  • USA
Provide assistance and support
  • Contact details including name and email address and telephone number if provided to us
  • IP address
  • Legitimate interests
  • Service Providers
  • Affiliates
  • Australia
  • USA
Marketing / Advertising purposes
  • Corporate customer contact details, including name and email address
  • Consent
  • Legitimate interests
  • Service Providers
  • Affiliates
  • Australia
  • USA
Comply with legal and regulatory obligations
  • Corporate customer contact details, including name, address, email address
  • Legal obligation
  • Regulators
  • Law enforcement bodies
  • Courts
  • Australia
  • USA
Sale, reorganisation or restructure of Omny
  • All of the above
  • Legitimate interests
  • Legal obligation
  • Purchaser and related agents
  • Professional advisors
  • Courts
  • Global